United States v. Randolph Rodman

MEMORANDUM

Randolph Rodman challenges his conviction for conspiracy to defraud the govern ment under 18 U.S.C. § 371 based on the alleged prejudicial testimony of a co-conspirator and outrageous government conduct. He also challenges the sufficiency of evidence for the charges of aiding and abetting the illegal possession and transfer of a machine gun, and use of the mail and wires in furtherance of a scheme or artifice. Finally, Rodman argues that the district court erred in enhancing his sentencing level for trafficking in firearms. All other claims raised by Rodman are addressed in an opinion filed concurrently. Because the parties are familiar with the facts and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We affirm in part, vacate in part, and remand for resentencing.

I. Testimony of Co-Conspirator

The district court did not abuse its discretion in allowing the testimony of Lorren Mark Kalish. See United States v. Dorsey, 677 F.3d 944, 951 (9th Cir.2012). Both co-defendants in the trial were charged with the same, single conspiracy to defraud the government, and Kalish testified about the nature of that…